OFFICIAL OPINION No. 16

OFFICIAL OPINION No. 16 Capitol Police-The Administrative Gode-Codified Ordinances of the City of Harrisburg 1. The Capitol Police are authorized to remove and impound motor vehicles for violation of parking regulations on Commonwealth controlled parking areas. Honorable Frank C. Hilton Secretary Department of Property and Supplies Harrisburg, Pennsylvania Dear Secretary Hilton: Harrisburg, Pa. March 1, 1973 You have requested our advice concerning the authority of the Capitol Police to have towed away at the owner's expense for violation of parking regulations on Commonwealth controlled parking areas. It is our opinion, and you are advised, that the Capitol Police do have such authority. As suggested in your letter of January 31, 1973, the power and duties of the Capitol Police are set forth in Section 2416 of the Administrative Code of 19-29 ( 71 P.S. §646) and the following language is contained in subsection ( e) : "To exercise the same powers as are now or may here- after be exercised under authority of law or ordinance by the police of the cities of Harrisburg, Pittsburgh and Philadelphia;" Article 545 of the Codified Ordinances of the City of Harris- burg authorizies the removal and impounding of vehicles by the Harrisburg Bureau of Police. Pursuant to Section 2416 (e) of The Administrative Code above, the Capitol Police have the same authority to remove and impound vehicles as is given to the Harrisburg Bureau of Police by said Ordinance. The mechanics for exercising such authority are contained in Article 545, a copy of which is attached hereto, as follows: 36 OPINIONS OF THE ATTORNEY GENERAL Section 545.02 of the Ordinance provides: " ( b) The Bureau of Police may remove or cause to be removed and subsequently cause to be impounded any motor vehicle parked on any street, highway, public property or private property in viol~tion of a~y city Ordinance or the Commonwealth Vehicle Code. Pursuant to Section 545.04 of the Ordinance, the Capitol Po- lice must arrange for the storage of any automobile so removed or impounded in approved storage garages designated by the Director of Public Safety of the City of Harrisburg. Section 545.05 requires that notice of removal and/ or im- poundment shall be sent by the Capitol Police to the owner of record of such motor vehicle within twelve ( 12) hours from the time of its removal. Such notice must designate the place from which the vehicle was removed, the reason for its removal or impounding and the name and address of the garage to which it has been impounded or the location to which it has been remov- ed. Section 545.07 ( b) requires that anyone reclaiming a vehicle must pay the sum of $15.00 to the salvor for expenses in remov- ing and towing the vehicle and $2.00 for each day or any part thereof during which the vehicle is stored to the operator of an approved storage garage. Section 545.09 permits an offender to pay the charges "under protest" and to have a hearing before a justice or a court of rec- ord having jurisdiction; and Section 545.12 requires the Capitol Police to keep a record of all vehicles impounded, which records are available at reasonable times to agents or owners thereof or lien holders thereon. Very truly yours, w. w. ANDERSON Deputy Attorney General ISRAEL P ACKEL Attorney General